Roads Legislation Amendment (NSW Motorways) Bill 2025

Hansard ID: HANSARD-1323879322-167806

Hansard session: Fifty-Eighth Parliament, First Session (58-1)

Roads Legislation Amendment (NSW Motorways) Bill 2025

Consideration in Detail

Consideration of the Legislative Council amendments.

Schedule of amendments referred to in message of 4 August 2026

GOVT No. 1 [c2026-033K]

No. 1

Page 2, clause 2, lines 5–7. Omit all words on the lines. Insert instead—

This Act commences as follows—

(a)for Schedule 1[1]–[6], [16]–[21] and Schedules 2 and 3—on the date of assent to this Act,

(b)otherwise—on a day or days to be appointed by proclamation.

GOVT No. 1 [c2026-062A]

No. 2

Page 3, Schedule 1[7], proposed section 261A(2A), line 36. Omit "by order published in the

Gazette". Insert instead "in an order made under subsection (1) or by an order published in the Gazette amending that order".

GOVT No. 2 [c2026-062A]

No. 3

Page 3, Schedule 1[7]. Insert after line 38—

(2B)The Minister must not make an order amending an order under subsection (1) without the concurrence of the tollway ombudsman.

GOVT No. 2 [c2026-033K]

No. 4

Page 4, Schedule 1. Insert after line 20—

[14A]Section 261A(11A)

Insert after section 261A(11)—

(11A)A report under subsection (11) must be tabled in each House of Parliament within 3 months after the report is given to the Minister.

GOVT No. 3 [c2026-062A]

No. 5

Page 4, Schedule 1[15], proposed section 261A(12), definition of toll road customer, line 32. Omit "by order published in the Gazette". Insert instead ""in an order made under subsection (1) or by an order published in the Gazette amending that order".

GOVT No. 3 [c2026-033K

No. 6]

Page 4, Schedule 1. Insert after line 34—

[15A]Sections 261AA and 261AB

Insert after section 261A—

261AAAnnual report

(1)As soon as practicable after 30 June but no later than 30 October each year, the tollway ombudsman must give the Minister an annual report on the tollway ombudsman's activities during the financial year ending on 30 June.

(2)The Minister must, within 30 days after being given an annual report, ensure a copy of the annual report is tabled in each House of Parliament.

(3)The annual report must include information about the following—

(a)the annual expenditure and revenue of the tollway ombudsman,

(b)meetings held between the tollway ombudsman and toll entities,

(c)details of community engagement activities undertaken by the tollway ombudsman, including details of the volume and type of correspondence undertaken by the tollway ombudsman,

(d)the performance of the tollway ombudsman as measured against targets and criteria specified for the tollway ombudsman in the corporate plan,

(e)the number of the following during the financial year—

(i)active disputes and complaints,

(ii)closed disputes and complaints,

(iii)determinations made under the tollway ombudsman scheme,

(f)a list of the toll entities the tollway ombudsman dealt with, including details of the following for each toll entity—

(i)active disputes and complaints,

(ii)closed disputes and complaints,

(iii)determinations made under the tollway ombudsman scheme,

(g)the total monetary value of determinations made under the tollway ombudsman scheme during the financial year, including—

(i)the total monetary value of disputes and complaints under the scheme, and

(ii)the total amount returned to toll road customers under the scheme.

(4)To avoid doubt, this section extends to require the tollway ombudsman to give the Minister an annual report on the tollway ombudsman's activities during the financial year ending on 30 June 2026.

261ABCorporate plan

(1)The tollway ombudsman must, before the beginning of each financial year, prepare a corporate plan for the financial year.

(2)The corporate plan must—

(a)be made in accordance with the regulations, and

(b)be consistent with the approved tollway ombudsman scheme, and

(c)specify the following—

(i)the activities of the tollway ombudsman,

(ii)the objectives of each activity for the financial year and for following financial years,

(iii)the targets and criteria for assessing the tollway ombudsman's performance,

(iv)the status of toll disputes and resolutions undertaken by the tollway ombudsman,

(v)opportunities to improve the toll dispute resolution mechanisms of toll entities,

(vi)other matters prescribed by the regulations.

(3)The tollway ombudsman must, as far as practicable, exercise the tollway ombudsman's functions in accordance with the corporate plan.

(4)As soon as practicable after 1 July but no later than 30 October in each year, the tollway ombudsman must give the corporate plan to the Minister.

(5)The Minister must, within 30 days after being given a corporate plan, ensure a copy of the corporate plan is tabled in each House of Parliament.

(6)The tollway ombudsman must prepare the tollway ombudsman's first corporate plan under this section within the period after the commencement of this section approved by the Minister.

GOVT No. 1 [c2026-080A]

No. 7

Page 4, Schedule 1. Insert after line 34—

[15B]Section 261AC

Insert before Part 16—

261ACDirections to suspend debt recovery

(1)This section applies to a dispute or complaint between a toll road customer and a toll entity that is subject to the operation of the approved tollway ombudsman scheme.

(2)If the tollway ombudsman is satisfied that it would facilitate the resolution of the dispute or complaint, the tollway ombudsman may, by written notice, direct the toll entity to suspend debt recovery action against the toll road customer in relation to unpaid tolls or charges the subject of the dispute or complaint.

(3)Before making a direction under this section, the tollway ombudsman must have regard to any limitation period that applies to the debt recovery action.

(4)The toll entity must not contravene the direction. Maximum penalty for subsection (4)—100 penalty units.

GOVT No. 4 [c2026-033K]

No. 8

Page 10, Schedule 2[10], proposed Part 3E, Division 5. Insert after line 29—

39MAnnual report

(1)The Customer Advocate must give the Minister and NSW Motorways an annual report on the Customer Advocate's activities each financial year.

(2)NSW Motorways must include the Customer Advocate's annual report in annual reporting information prepared under the Government Sector Finance Act 2018.

(3)The annual report must include information about the following—

(a)the implementation of toll reform by Government and industry, including correspondence and reports given to the Minister,

(b)the annual expenditure of the Customer Advocate on the customer advocacy functions undertaken by the Customer Advocate,

(c)meetings held between the Customer Advocate and toll operators,

(d)details of community engagement activities undertaken by the Customer Advocate, including details of the volume and type of correspondence undertaken by the Customer Advocate,

(e)the performance of the Customer Advocate as measured against targets and criteria specified for the Customer Advocate in the corporate plan,

(f)a copy of each recommendation or report given to the Minister under section 39L(1)(d) during the financial year.

(4)To avoid doubt, this section extends to require the Customer Advocate to give the Minister and NSW Motorways an annual report on the Customer Advocate's activities during the financial year ending on 30 June 2026.

39NCorporate plan

(1)The Customer Advocate must, before the beginning of each financial year, prepare a corporate plan for the financial year and give the plan to NSW Motorways.

(2)NSW Motorways must include the Customer Advocate's corporate plan—

(a)in the completed corporate plan for NSW Motorways given to TfNSW before the beginning of the financial year under section 39H(2)(b), and

(b)in annual reporting information prepared under the Government Sector Finance Act 2018.

(3)The corporate plan must—

(a)be made in accordance with the regulations, and

(b)specify the following—

(i)the activities of the Customer Advocate,

(ii)the objectives of each activity for the financial year and for following financial years,

(iii)the strategies, policies and budgets for achieving the objectives in relation to each activity,

(iv)the targets and criteria for assessing the Customer Advocate's performance,

(v)the status of toll reform activities undertaken by the Customer Advocate,

(vi)opportunities for toll reform,

(vii)other matters prescribed by the regulations.

(4)The Customer Advocate must, as far as practicable, exercise the Customer Advocate's functions in accordance with the corporate plan.

(5)The Customer Advocate must prepare the Customer Advocate's first corporate plan under this section within the period after the commencement of this section approved by the Minister.

Ms JENNY AITCHISON (MaitlandMinister for Roads, and Minister for Regional Transport) (15:57:38):

— I move:

That the Legislative Council amendments be agreed to.

I support the amendments made in the Legislative Council to the Roads Legislation Amendment (NSW Motorways) Bill 2025. These amendments strengthen the bill's customer-focused reforms by increasing the transparency, accountability and independence of both the Tollway Ombudsman and the customer advocate. They require regular public reporting on the performance, activities and outcomes of these important consumer protection bodies, including the number and resolution of complaints, community engagement activities, recommendations made to government, and the benefits delivered to toll road customers.

The amendments also require corporate plans to be prepared and tabled, providing greater visibility of priorities, objectives and performance measures, ensuring there is clear public accountability for the delivery of toll reform. In addition, the amendments enhance the independence of the Tollway Ombudsman by ensuring that certain ministerial orders relating to the scope of the scheme cannot be amended without the ombudsman's concurrence. Taken together, these amendments further strengthen oversight of the tolling system, improve transparency for motorists and the public, and reinforce the Government's commitment to a fairer, more accountable and more customer-focused tolling framework.

I am incredibly proud to be part of the Minns Labor Government, which has done so much good work in setting up NSW Motorways to ensure that drivers and motorists across our State use motorways, whether they be in privately owned hands or public-operated roads or public tollways, that are part of one network. That is what they want and expect when they go on the road. They want to be treated with equity and fairness, which the bill delivers. I commend the amendments to the House.

Mr MARK COURE (Oatley) (15:59:28):

I appreciate the opportunity to lead for the Opposition in debate on the Road Legislation Amendment (NSW Motorways) Bill 2025. I am pleased that the amendments were agreed to in the other place. We support them as well. The amendments improve transparency by requiring greater public reporting on the implementation of toll reform and the work of those new bodies. They also strengthen accountability and ensure that motorists have greater confidence in operating the new tolling framework. As shadow Minister for roads, I will continue to advocate for a tolling system that is simpler and fairer and more accountable to every motorist.

The bill provides the necessary powers for NSW Motorways to collect and manage publicly owned tollways. NSW Motorways is a new agency established by the Government as part of the toll reform network. Key points of the bill are the Tollway Ombudsman scheme and the consumer advocate. The amendments were agreed to in the other place. We do not oppose them. We support the bill and the amendments.

TEMPORARY SPEAKER (Mr Clayton Barr):

The question is that the Legislative Council amendments be agreed to.

Motion agreed to.